Lasting power of attorney in England: £92, 8–10 weeks and two separate documents

A bank will not discuss your account with your daughter, and a doctor will not ask your son what to do if you cannot answer yourself. In England and Wales one document changes that: a lasting power of attorney (LPA). It has to be made while you still have mental capacity — once capacity is gone an LPA cannot be made at all, and the family is left with the slow and expensive route through the Court of Protection.

What is a lasting power of attorney

It is a legal document in which you (the donor) appoint one or more attorneys to make decisions on your behalf. It is legally binding only in England and Wales; Scotland and Northern Ireland have different arrangements.

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What types of LPA are there

There are two, and they are independent — you can make one or both.

Health and welfare covers your daily routine, medical care, moving into a care home and consent to life-sustaining treatment. This type can only be used once you can no longer make your own decisions.

Property and financial affairs covers money and property: bank accounts, paying bills, benefits and pensions, selling your home. This type can be used as soon as it is registered, with your permission, while you still have capacity.

Who can make one, and who can be an attorney

Anyone aged 18 or over who has mental capacity when they sign can make an LPA. You do not need to live in the UK or be a British citizen. You can appoint more than one attorney and decide whether they must act together or can act separately.

How much does registering an LPA cost

Registration with the Office of the Public Guardian (OPG) costs £92 per document. If you make both types — health and welfare, and property and financial affairs — those are two separate documents and £184 in total.

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There is a reduction and an exemption. If the donor's income before tax is less than £12,000 a year, the fee is halved (a 50% remission). If the donor receives certain means-tested benefits, a full exemption may apply; donors on Universal Credit are assessed for a remission rather than an exemption. The application is made on form LPA120.

One detail matters: payment is due at the time of applying, fees are non-refundable and retrospective refunds are not possible. So the question of a reduction is settled before you pay, not after.

How long does registration take

Eight to ten weeks, if there are no mistakes in the application. An error on the form pushes that back, which is why the document is worth making in advance rather than when it is already needed.

How to register an LPA step by step

First you send LP3 notification forms to everyone listed as a person to notify. They have three weeks to raise concerns with the OPG.

Then the signed original LPA goes by post to the Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH, together with the fee. Payment is by card or cheque. If you do not have the original, send a certified copy with a covering letter explaining why.

You cannot complete registration entirely online: the online service produces the LP3 forms and the document itself, which still has to be printed, signed and posted.

Who else can apply to register it

You can apply yourself only while you are able to make your own decisions. Your attorney can also register the LPA for you.

Can an LPA be cancelled

Yes. You can cancel an LPA if you no longer need it or want to make a new one. Separate procedures cover reporting changes and removing a particular attorney.

Where to ask questions

The Office of the Public Guardian advises by phone on 0300 456 0300 and by email at customerservices@publicguardian.gov.uk, including on whether you need an LPA at all.

ONLYWAY NEWS points out that an LPA is less about old age than about the unexpected. Accidents and illness give no notice, and the eight to ten week wait only starts once everything has been signed.